Dying Want Espresso Alleges Trademark Infringement In opposition to Liquid Dying

Pristine York-based Death Wish Coffee filed a lawsuit this day towards the beverage corporate Liquid Death, alleging trademark infringement linked to yet-to-be-released espresso merchandise.

Liquid Dying, in the meantime, mentioned on social media that it has “no real plans to launch a coffee.”

In a criticism filed Oct. 7 in U.S. District Court docket for the Central District of California, Western Section, Dying Want Espresso famous that Liquid Dying lately filed trademark packages with the US Patent and Trademark Place of business for a couple of espresso or coffee-flavored drinks.

“Upon information and belief, Liquid Death intends to launch these Infringing Coffee Products in a matter of months, in or around January 2026 or soon thereafter,” the criticism states.

Past appearing renderings of Dying Want and doable Liquid Dying cans facet through facet, lawyers for Dying Want argue that the deliberate merchandise would confuse customers through adopting the dominant component of its marks — “DEATH” — and would reason “severe and irreparable” hurt if the drinks succeed in cabinets.

The criticism means that Dying Want Espresso, based in 2012, and Liquid Dying, based in 2019, have “coexisted” up to now as a result of they’ve operated within the “wholly different market areas” of espresso and aqua.

“This coexistence is coming to an end,” the criticism states. “Flush with investment valuing the company at $1.4 billion, Liquid Death is preparing to invade Death Wish’s market territory and infringe Death Wish’s trademarks by selling DEATH-branded coffee beverages.”

Liquid Dying, which is registered in Delaware however is founded in California with national distribution, has now not so far answered to the swimsuit in court docket. But the logo took to social media to deal with the motion, month additionally taking the chance to advertise alternative beverage merchandise. On Instagram and X, Liquid Dying wrote:

@deathwishcoffee and its attorneys have filed a lawsuit in an struggle to forbid Liquid Dying from ever launching our personal emblem of espresso. BUT we don’t have any actual plans to in fact settingup a espresso.🤷‍♂️
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Possibly the executives at Dying Want Espresso are amped up on remaining caffeine to be this paranoid in regards to the era? Which is why the unutilized CEO at Dying Want (Steve Gardiner) might wish to imagine making an attempt our unutilized better-for-you power drink (coming in January) that has 0 sugar, 5 energy, very important nutrients, and a sane degree of caffeine (100mg).⁣
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And sooner or later we ever walk into espresso one time, we don’t imagine anybody corporate can legally personal the contract DEATH irrespective of the way it’s worn. And because Dying Want publicly filed their lawsuit towards a Liquid Dying product that doesn’t exist, really feel independent to allow them to know on their socials sooner or later you backup their case. And make sure you pay attention to probably the most superior bands like @converge on @deathwishinc (the long-lasting hardcore report label) that has been round for over 25 years, lengthy ahead of the espresso emblem. ☠️🍆

The escalation to felony motion and skulls and eggplant emojis comes simply 3 years upcoming the 2 firms have been casually ribbing one some other on social media.

In 2022, Dying Want tagged Liquid Dying on Twitter (now X) with the caption, “how does it feel to be the world’s weakest water?” to which Liquid Dying answered, “We’re actually water, not coffee. And without water, you are not coffee either. You’d just be Death Wish Bean Bags.”

Within the lawsuit, Dying Want is now in quest of initial and everlasting injunctions barring Liquid Dying from the use of any “DEATH-formative” mark for espresso or coffee-related items, in addition to an layout blockading trademark registrations and alternative leisure.

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